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People v. White

Claim Probation Violation Based on Conduct Occurring Before Placed on Probation Meritless

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DECISION & ORDER

*1 The defendant, having entered a plea of guilty to the charges of criminal possession of a weapon in the third degree and menacing in the second degree on September 14, 2017, in satisfaction of Superior Court Information (“SCI”) #17-0461, and having been placed on a one year term of interim probation on that date, now moves to dismiss the violation of his interim probation. The People oppose the motion. The defendant in this case entered a plea of guilty to the charges of criminal possession of a weapon in the third degree and menacing in the second degree on September 14, 2017, in satisfaction of SCI #17-0461. On that date, as part of his negotiated plea, the defendant was placed on a one year term of interim probation, and was advised by the Court that the matter would be adjourned for one year. He was further advised that if he successfully competed interim probation, the Court would dismiss the felony charge, and sentence him to two additional years of probation on the misdemeanor charge. However, if he was unsuccessful on interim probation, the Court would dismiss the misdemeanor charge, and sentence him, as a predicate felon, to a state prison term of two to four years. The defendant entered into this conditional plea based upon the above noted terms and conditions.

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